When Innocence Is Not Enough

Hidden Evidence and the Failed Promise of the Brady Rule

Thomas L. Dybdahl

with a foreword by Sister Helen Prejean

A gripping work of narrative nonfiction, told across time, that exposes what’s at stake when prosecutors conceal evidence—and what we can do about it

“More than 50 years ago, the Supreme Court ruled in Brady v. Maryland that prosecutors must hand over evidence to defendants that could help them at trial. Yet ‘Brady violations’ . . . continue to drive wrongful convictions.” —“New York Courts Say: Hand It Over,” The Marshall Project

Finalist, Colorado Book Award

The Brady rule was meant to transform the U.S. justice system. In soaring language, the Supreme Court decreed in 1963 that prosecutors must share favorable evidence with the defense—part of a suite of decisions of that reform-minded era designed to promote fairness for those accused of crimes. But reality intervened. The opinion faced many challenges, ranging from poor legal reasoning and shaky precedent to its clashes with the very foundations of the American criminal legal system and some of its most powerful enforcers: prosecutors.

In this beautifully wrought work of narrative nonfiction, Thomas L. Dybdahl illustrates the promise and shortcomings of the Brady rule through deft storytelling and attention to crucial cases, including the infamous 1984 murder of Catherine Fuller in Washington, DC. This case led to eight young Black men being sent to prison for life after the prosecutor, afraid of losing the biggest case of his career, hid information that would have proven their innocence.

With a seasoned defense lawyer’s unsparing eye for detail, Thomas L. Dybdahl chronicles the evolution of the Brady rule—from its unexpected birth to the series of legal decisions that left it defanged and ineffective. Yet Dybdahl shows us a path forward by highlighting promising reform efforts across the country that offer a blueprint for a legislative revival of Brady’s true spirit.

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Praise

“Knowing from my own experience how the system ignores evidence of innocence, I am so grateful for this book and the awareness it raises.”

—Korey Wise, justice reform advocate

“A well-researched, impactful account of the inequities in the legal justice system. Should be required reading for anyone working in the criminal justice system.”

—Library Journal (starred review)

“[When Innocence Is Not Enough] illuminates a system successfully keeping secrets from itself—and a society keeping secrets from itself. . . . Let’s hope Thomas Dybdahl’s excellent book motivates us to initiate a change to a culture of safety in criminal justice.”

—The Crime Report

“This searing, detailed account describes how tunnel vision, incompetence, and misconduct by law enforcement have led to wrongful convictions—and how the Supreme Court has failed to keep its promise to protect the innocent under the Constitution. A must-read.”

—Carol S. Steiker, Henry J. Friendly Professor of Law, Harvard Law School

“A convincing argument for a judicial overhaul in support of fair trials.”

—Kirkus Reviews

“This is a readable, frustrating, yet hopeful examination of an imperfect rule and what may come next.”

—Booklist

“Right now, as you read this, it is almost certain that an innocent person is sitting in prison in your city or state. They are there because your local prosecutor is hiding information that, if revealed, would cast doubt on their guilt. If you doubt these words, please stop what you’re doing and read this book. It will anger you, inspire you, and stir you to act.”

—James Forman Jr., author of Locking Up Our Own

News and Reviews

City Cast DC

Listen to an interview with Thomas Dybdahl on City Cast DC about the murder of Catherine Fuller in 1984, the Brady rule, and When Innocence Is Not Enough.

Inquest

Read an excerpt from When Innocence Is Not Enough about the failure of the Brady rule in Inquest.

The New Press

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